TMI Blog1999 (5) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... nt No. 7 was disposed directing, Since the panel sent by the school authorities to the District Inspector of Schools concerned on 30.9.97 is still lying undisposed of by the District Inspector of Schools concerned for reasons best known to him, though under the relevant Rules he is to dispose of the panel within thirty days from the date of receipt of such panel, it should be deemed that the pane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the name of the external expert was excluded from the selection committee and the Headmaster of Nabagram Yakubb Mondal High School, Post Office Nabagram, Murshidabad was signed in the panel showing that the external expert Munsur Ali was absent on that date. The panel was prepared by violation of the recruitment rules and also panel was submitted to the Officer of the District Inspector of Scho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutions (Aided and Unaided), 1969, the District Inspector of Schools is expected to pass an order relating to approval of panel sent to him by the Managing Committee within a period of 30 days from the date of receipt thereof. But the learned Trial Judge in our considered opinion, proceeded wholly on a wrong premise that the same is mandatory in nature. It is well settled principle of law that whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the statutory functionary to apply his mind as regards validity or legality thereof and pass an appropriate order in exercise of its statutory power. In State of West Bengal Ors. v. Nuruddin Mallick and Ors. reported in 1998 (8) SCC 143 , the Apex Court held:- The Courts can either direct the statutory authorities, where it is not exercising its direction, by mandamus to exercise its discr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to continue only on ad hoc bash in the interest of the students of the Institution till an appropriate order is passed pursuant to this order. The District Inspector of Schools concerned is hereby directed to apply his mind as regards validity or otherwise of the panel strictly in accordance with law and pass an appropriate order upon considering the materials-on-record at an early date a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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